Defending Disability Discrimination Tribunal Claims

Realistic advice and robust representation from an experienced employment law solicitor

“Carl helped us swiftly navigate through potentially choppy waters. I commend his services most highly.”

David Sanderson
CEO,The Rank Foundation

Are you facing an employment tribunal disability discrimination claim?

Perhaps one of your employees is on long-term sickness absence. In a recent email, he’s blamed his line manager for aggravating an existing mental health condition. You’re concerned an employment tribunal claim might be just around the corner. 

Perhaps ACAS has just been in touch with you. One of your employees says she was overlooked for a promotion after she supported a colleague’s complaint about disability discrimination. A complaint of victimisation will surely follow.

Or perhaps you’ve already received an employment tribunal claim form. A former employee claims her dismissal amounted to a failure to make reasonable adjustments and discrimination arising from disability. Her lawyers are seeking substantial compensation for loss of earnings and injury to feelings.

Whatever your circumstances, you’re here because you realise what’s at stake for your company – and what’s potentially at stake for you personally.

You’re here because you need expert advice from an experienced employment law solicitor.

“Carl has an exceptionally good understanding of the law but his experience goes much further than that. He is a commercially focused lawyer that has shown his ability time and time again.”

Sarah Merwood
Head of HR, Nestlé

Safeguarding your reputation

Allegations of disability discrimination, disability-related harassment and victimisation can be seriously damaging to your business. To your reputation. 

No employer wants a judgment from an employment tribunal publishing a finding – or a series of findings – that they have made life difficult for a disabled employee or job applicant.

No employer wants to be castigated on social media for discriminatory attitudes or behaviour.

No employer wants to read press headlines announcing they’re guilty of disability discrimination.

Sharpen your defence

But the fact is any company can find itself defending a disability discrimination tribunal claim. No matter what your policies on bullying and harassment or equality, diversity and inclusion say. 

No matter how much time you have dedicated to creating a disability-friendly workplace. 

And no matter how much you’ve invested in training your staff on equal opportunities and disability awareness.

That can be very upsetting. It can be emotionally draining. Particularly if you have been personally named as a respondent. 

Particularly if you or a fellow manager have been accused of discriminating against or harassing a member of staff. Particularly when that member of staff is someone with whom you thought you had a good relationship.

It can be difficult to focus. To approach matters calmly and rationally, as you would your normal day-to-day business activities. To avoid letting the ongoing litigation dominate your thoughts – sapping you of energy and robbing you of sleep.

But focus you must. 

Because without a well-prepared defence you are at risk of a disability discrimination complaint becoming a disability discrimination judgment. At risk of an order to pay thousands of pounds in compensation. At risk of having to pay the claimant’s legal costs.

You need a steady hand on the tiller. Someone who can help you see the wood from the trees. Who can fight your corner but will always give you pragmatic, commercially focused advice.

That’s where I come in.

“Carl’s particular knowledge of Employment Tribunal matters and the process by which their findings and thought processes are often arrived at were invaluable.”

Stuart Price
Chief People Officer, Zenith Vehicles

Specialist at handling disability discrimination complaints

For nearly 30 years, I’ve been advising employers and helping companies successfully defend complaints of disability discrimination, failure to make reasonable adjustments, harassment and victimisation. 

I can help you present your case in the best possible way, minimising the risk of reputational damage and the potential for you to be ordered to pay compensation.

Here are some of the things I will bring to your disability discrimination defence:

“I greatly appreciate the timely and helpful advice, delivered with an experienced, personal touch and with no confusion as to fees or cost.”

David Sanderson
CEO, The Rank Foundation

Realistic advice on your discrimination defence

Defending disability discrimination tribunal claims can be a minefield. 

Claimants, particularly when represented by solicitors, have a habit of bringing every possible type of disability discrimination claim – of which there are many. It can be hard to know where you are most at risk.

And compared with other types of employment tribunal claim, there are often a greater number of tactical decisions you have to make in defending a disability discrimination case. 

For instance:

It’s vital you get those decisions right. 

Tribunals don’t like having their time wasted. They can quickly take against an employer who adopts a kitchen-sink approach to the litigation, contesting every single issue, no matter their prospects of success.

Which is why it’s important you obtain realistic advice on the strength of your defence and your tactical options. At the earliest possible stage. From an experienced and savvy solicitor.

“He is very good at getting to the heart of an issue and working to get the case to a resolution.”

Sarah Merwood
Head of HR, Nestlé

Book a free appointment today

Looking for some expert help with your disability discrimination defence?

Get in touch for a free, no-obligation discussion of your case.